SHIVAPPA Vs. MOHD. MOSIN KHAN

JUDGEMENT

(1.) This appeal is filed by the claimants under Sec. 173(1) of the Motor Vehicles Act, 1988 (' MV Act ' for short) seeking enhancement of compensation, against the judgment and award dtd. 17/3/2018 passed by the Principal Senior Civil Judge and Motor Accident Claims Tribunal, Kalaburagi ('Tribunal' for short), in MVC No.671/2015.

(2.) For the sake of convenience, the parties herein are referred as per the ranks occupied by them before the trial Court.

(3.) The brief factual matrix leading to the case are that on 12/8/2014 at 9.00 p.m., the claimant was proceeding on Shahapur-Shorapur Main Road towards Hayyal-B Village in autorikshaw bearing Registration No. KA.33.A.1071. When the said autorikshaw reached near Rastapur Cross Road, a lorry bearing No. AP.12/U-5104 came from opposite direction in rash and negligent manner and dashed to the autorikshaw. As a result, the claimant has suffered grievous injuries viz, the right posterior dis-location of right hip, fracture of right shaft humerus, fracture of right first metacarpal, fracture of right ring finger middle phalanx, fracture of mandible and other injuries and hence, he filed a claim petition seeking compensation from the respondents.